Sale of Goods Act Query

jexjexjex

HI Troops,My first post so please be gentle...

The issue is that the upholstery material on my car seats has begun breaking up.

The vehicle is 4 1/2 years old.I've had the car from new, but I only bought it in December 2012 (It was my fleet car through my work).

Because of the situation, I paid cash for the car (Arnold Clark Vehicle Management would only accept a cheque, which I thought was weird, given that Arnold Clark are the biggest vehicle retailer in Scotland!).

In my humble opinion car seats should, can and do last for more than a few years before falling apart, which brings me to may query.

Given the age of the vehicle and the length of time I've owned it, can I argue that the seats are "not fit for purpose" under the Sale of Goods Act?

Ideally, I'd like the two front seats (Where the problem lies) replaced, but I'll settle for a professional re-trim.

Your thoughts and comments would be appreciated.

mo786uk

For legal purposes what is relevant is when you bought it as that is when your current SOGA rights kick in - whilst it was under lease different rights would have applied

therefore you have to take in the quality of the car at the time it was sold (4 years old).

IMO I think that you are asking a bit much - especially as you bought it second hand. But others may disagree.

bris

Arnold Clarke can't accept cash over a certain amount (5K I think) and neither can anyone else for money laundering reasons.

As for your query, no chance.

neilmcl

I think the mileage of the car will be as important as the age. What's it done?

George_Michael

bris wrote: »

Arnold Clarke can't accept cash over a certain amount (5K I think) and neither can anyone else for money laundering reasons.

As for your query, no chance.

There is no legal reason why Arnold Clarke (or any other retailer for that matter) can't accept whatever amount of cash that they wish.
If the retailer is covered by the Money laundering regulations, all they are required to do is to confirm the identity of the person making the cash payment if it is over the prescribed HMCE limit (which is currently about £13,000).

jexjexjex

neilmcl wrote: »

I think the mileage of the car will be as important as the age. What's it done?

Mileage is 66K

Slowhand

George_Michael wrote: »

There is no legal reason why Arnold Clarke (or any other retailer for that matter) can't accept whatever amount of cash that they wish.
If the retailer is covered by the Money laundering regulations, all they are required to do is to confirm the identity of the person making the cash payment if it is over the prescribed HMCE limit (which is currently about £13,000).

It's an insurance thing. They are only allowed so much cash on the premises.

tinkerbell28

The car is fit for purpose. It's working, you've had a cosmetic breakdown.

Considering it is nearing 5 years old, wear and tear comes into play here.

Seats are a common place to suffer wear and tear, because you use them all the time, you or your belongings are always in and out of the car on the seats. So this can cause stress on the fabric and can cause crushing of the supports. It all comes down to weight of the user, usage, how you sit, position your items.

Considering this was a fleet car, I think you'll have a job getting anything.

MrsPBikerChick

Interesting one. I suspect the issue might have in any claim is that the car has done slightly more than average for a 4.5yr old car and also that you had plenty of prior knowledge of the car prior to purchasing it - you've used it (but not owned it) from new. Therefore any wear and tear is in fact of your own doing and you would clearly have had knowledge of it at the time you purchased the car.

The durability of upholstery fabric should I guess be such that it stands up to reasonable wear and tear, but have you worn particularly abrasive clothing (studded belt, tool belt, zips, rough fabric, etc)? In which case that might account for the problem but is not something you can claim for.

If you think there's an inherent defect in the fabric of the front seats which has remained latent the whole time you were using the car but has cropped up only after you actually bought it then I would suggest going back to the manufacturer. They may ask to check the vehicle, they may even ask for you to pay for having the fabric tested which would be reasonable assuming they also agree to refund the cost of the test if it does turn out to be faulty.

You can but ask, but I'm not sure how far you'd get.

bod1467

jexjexjex wrote: »

The issue is that the upholstery material on my car seats has begun breaking up.

Can you clarify what that means? Is it leather upholstery?

George_Michael

Slowhand wrote: »

It's an insurance thing. They are only allowed so much cash on the premises.

Quite possibly, but the reason I posted was simply to point out that the comment that neither Arnold Clarke or any other retailer can't accept over £5000 for money laundering reasons was totally incorrect.